Category Archives: The Truth About Personal injury Law in Texas

What Is My Case Worth?

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Time-and-time again, people come to me and ask the question: "What is my case worth?"   They throw out a handful of facts, usually all of the positive facts about their case, and then pop the big value question. The problem with this, is that there is no rule or guideline for what a jury can or will do with your case. No lawyer can predict a cases value with any accuracy because the variables that determine this change as a case moves toward read more
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Decapitated Baby Case Vs Texas Tort Reform, Texans Will Lose

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Recently, a lawsuit has been filed as a result of a doctor severing the head form the cervical spine at Mercy Hospital in St. Louis, Missouri. Arteisha Betts went to Mercy Hospital for a preterm delivery there in March of 2011.  Weeks earlier she had been informed by her obstetrician that a c-section would be required due to the baby's unusually large abdomen. According to the lawsuit, the doctors insisted on a vaginal child birth and would not let read more
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Is Your Employer Liable For Violating O.S.H.A. Laws in Texas?

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In Texas, a violation of a law that is designed to protect a specific class of people is negligence per se--which means negligence as a matter of law.  So it stands to reason that an employer should be considered negligent as a matter of law for violating the Occupational Safety and Health Act (O.S.H.A) in the work place, right?  Wrong. O.S.H.A. is a regulatory statute.  O.S.H.A. does not create a separate civil action for individual workers read more
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Texas Family Member Exclusion

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Texas auto liability insurance policies contain a provision many people are unaware of called the Family Member Exclusion clause.  The Family Member Exclusion is one more example of why our current liability insurance system is flawed.  We buy liability insurance.  That is insurance that pays for someone else's injuries when we cause them injuries.  So, if someone injuries us, we are relying on them to carry coverage on us.  If they have none, read more
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State Farm Admits the Truth Out of Court

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A friend of mine recently forwarded an email she received from State Farm as their client.  I was absolutely shocked at what it said.  The document is an instruction to clients on what to do when thy are involved in a "minor accident."  In court, attorneys for insurance companies including State Farm routinely argue to the jury that a minor impact means that the occupants cannot possibly be injured. However, in this email, the State Farm representative read more
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Liability Insurance vs No Fault Insurance and The Unavoidable Accident Defense

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There are two basic systems of auto insurance in the United States: liability insurance and "no fault" insurance. It is up to each individual State to decide which insurance system to use.  Texas uses the liability insurance system. Liability insurance focuses on a driver's responsibility for injuring others whereas no fault insurance focuses on protecting the driver from perils.  No fault insurance is much simpler to understand in that, it does read more
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The Truth About Personal Injury Claims Part I — The Tort Reform Lie

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Tort Reform was sold to the People of Texas as the solution to a 'frivolous lawsuit crisis' in our courts. Something had to be done because the courts were full of McDonald's coffee-like lawsuits threatening to destroy the very fabric of our society! The media jumped on the band wagon and publicized any story of a possible frivolous lawsuit they could find, investigative tv shows ran story after story (often funded by insurance companies) about read more
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